Every car accident can result in serious injury, but wrecks involving a drunk driver tend to result in some of the most severe damage. A drunk driving car accident can lead to long-term and even lifelong consequences for victims.
If you have been injured in a DUI crash, a Cape Coral drunk driving accident attorney at Viles & Beckman can help you get the compensation you deserve. Experienced law firms can handle every step of a case, from filing and collecting evidence to negotiating with the opposing party and taking the case to trial if necessary
Who to Sue in a Cape Coral Drunk Driving Accident Claim
The most obvious person to sue for your damages after a drunk driving accident is the person who got behind the wheel of a car while inebriated. That is certainly the case in most lawsuits. However, there are several other individuals and organizations who may share some of the legal responsibility for your injuries.
Alcoholic Beverage Establishments
In some cases, you may be able to sue the person or establishment that served the drunk driver. Specifically, Florida Statutes § 768.125 allows for such a lawsuit when:
- The beverage server knew the recipient was addicted to alcohol and/or extremely intoxicated at the time of service; or
- The recipient was under the legal drinking age of 21.
Car and Car Part Manufacturers
DUI car accidents in Cape Coral are sometimes caused in part by improperly manufactured vehicles or vehicle parts. For example, one of the cars involved in the crash could have defective brakes that helped contribute to the severity of your injuries.
In such cases, it may be possible for your Cape Coral drunk driving accident attorney to sue the car or car part manufacturer in addition to other at-fault entities.
Not all car wrecks only involve your vehicle and the at-fault party’s. In some situations, the wreck could include a number of other cars. Depending on the circumstances surrounding the accident, multiple drivers could share a portion of the blame for your injuries.
Figuring out the correct defendants to sue in your lawsuit is one of the top priorities for a DUI crash lawyer. Our experienced attorneys will delve into your case in order to ensure that we exhaust all possible avenues for compensation.
For a free legal consultation with a drunk driving accidents lawyer serving Cape Coral, call (239) 334-3933
What If You Are Partially Responsible for Your Drunk Driving Accident?
In many situations, car wrecks are contributed to by a variety of different people and actions. For example, the accident in which you were injured could include some ways that you are responsible. This includes factors like:
- You were speeding at the time of the crash
- You failed to signal a lane change
- You ran through a stop sign
Fortunately, you may still be able to pursue compensation from the drunk driver involved in your wreck, thanks to Florida’s comparative negligence statute.
The law essentially says that any percentage of blame the court attributes to you will be used to reduce your eventual compensation by an equal percentage. For example, if you are found to have been 10% responsible for the wreck that caused your injuries, your compensation package will also be reduced by 10%.
This is one of the reasons that it is so important to consult with skilled attorneys. Studies show that plaintiffs who are represented by experienced legal counsel tend to receive more compensation than those who represent themselves, even when attorney’s fees are taken into account.
Cape Coral Drunk Driving Accident Lawyer Near Me (239) 334-3933
What a DUI Accident Lawyer in Cape Coral Can Do for You
Successfully pursuing a bid for compensation is a difficult task. It requires diligence, research, skills in negotiation, and an ability to hold your ground against opposing legal counsel. This is a tall order for people unaccustomed to the legal system, especially when you are dealing with an arduous injury recovery process.
Cape Coral drunk driving accident lawyers help clients from the start of a case all the way through. Our attorneys can help in ways like:
- Gathering and preserving evidence (such as video of the accident, eyewitness accounts, breathalyzer results, etc.)
- Filing your claim within the four-year statute of limitations period under Fla. Stat. § 95.11
- Negotiating with opposing counsel for a fair settlement
- Bringing in expert witnesses (such as accident reconstructionists)
- Taking your case to court if a favorable settlement does not arise
The Value of Your Drunk Driving Accident Claim in Cape Coral
The amount of compensation you can receive after a Cape Coral DUI accident depends on the total amount of damages you have suffered. These are split into two categories: financial and non-financial.
The first category of damages include all the ways that your bank account is affected by the crash. This can include things like:
- Medical bills related to your injury
- Anticipated future medical costs
- Accessibility modifications to your home (for example, if you are paralyzed by the injury)
- Lost wages as a result of missing work
- Lost earning capacity (if you are unable to return to the same level of work you previously performed)
You can also receive compensation for damages that aren’t directly related to your finances. Typically, non-economic damages include your physical pain, emotional or mental suffering, loss of enjoyment in life, and similar ills.
Finally, there is a possibility that the court will award punitive damages in a drunk driving accident case in Cape Coral. This is only done when the court believes that the actions of the at-fault party were especially egregious and need to be punished in order to dissuade the person from doing the same type of action again.
You don’t argue directly for punitive damages, as they are up to the court to decide to impose. However, an experienced DUI accident lawyer may be able to make a compelling case that shows the extent of the opposing party’s negligence. This could make the court more likely to award this additional compensation.
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Get a Free Consultation With Cape Coral Drunk Driving Accident Victim Attorneys Today
The attorneys at Viles & Beckman, LLC have experience handling Florida drunk driving claims. Our drunk driving accident attorneys in Cape Coral can take the pressure off you and your family while you recover from your injuries.
We provide all clients with a FREE consultation to discuss the details of your claim and determine how we are able to help. If you’re ready to pursue the compensation you deserve after getting hit by a drunk driver in Cape Coral, fill out the form on our contact page or call our office today.